Hawaii Revised Statutes 353. Corrections

PART I. OLD PRISONS AND PRISONERS GENERALLY

• 353-1 to 353-50 [Old] Repealed.
  L 1987, c 338, §3(2). Note L 1987, c 127, §2 and c 142, pt of §1 purport to amend repealed §§353-1.1, 353-1.2, 353-4,...
• 353-2 Repealed.
  L 1989, c 211, §13.
• 353-2.5 Repealed.
  L 1992, c 65, §2.
• 353-3 and 353-4 Repealed.
  L 1989, c 211, §§14, 15.
• 353-5 Offender Release Recommendations to the Court.
  The intake service center shall notify the prosecutor's office of the appropriate county whenever it is recommending to the court that a person who...
• 353-6 Establishment of Community Correctional Centers.
  (a) There shall be a community correctional center for each county under the direction and administration of the director. Any community correctional center may...
• 353-6.5 Gender-Responsive, Community-Based Programs for Female Offenders.
  Subject to funding by the legislature, the department of public safety shall develop and make available gender-responsive, community-based programs for female offenders by providing female...
• 353-7 High Security Correctional Facility.
  (a) The director shall maintain a high security correctional facility for the residential care, correctional services, and control of high custodial risk convicted felons...
• 353-8 Conditional Release Centers for Committed Persons.
  (a) The director may establish and operate facilities to be known as conditional release centers, either operated separately, or as part of community correctional...
• 353-9 Establishment of Temporary Correctional Facilities.
  The director, with the prior approval of the governor, may establish, from time to time, temporary correctional facilities, if required in conjunction with projects...
• 353-10 Intake Service Centers.
  [Repeal and reenactment on July 1, 2018. L 2013, c 67, §2.] (a) There shall be within the department of public safety, an intake...
• 353-10.5 Intermediate Sanctions; Eligibility; Criteria and Conditions.
  (a) The department of public safety shall implement alternative programs that place, control, supervise, and treat selected offenders in lieu of incarceration. (b) Pretrial detainees...
• 353-11 Access to Correctional Facilities and Records; Instituting of Inquiries and Securing Information.
  (a) The Hawaii paroling authority and every member thereof and the director, at all times, shall have free access to all correctional facilities throughout...
• 353-11.5 Restricted Access to Correctional Facilities.
  (a) Except for the director and employees of the department of public safety, members of the Hawaii paroling authority, and those persons specified in...
• 353-12 Correctional Records, Documents.
  The director shall establish a record of all facts relating to the admission, sentence, commutation, parole, pardon, discharge, escape, death, and correctional programs of...
• 353-12.5 Public Assistance; Inmates; Monthly Reports to Department of Human Services.
  Beginning January 31, 2010, to assist the department of human services to enforce section 346-29(b), the director shall prepare and transmit to the department...
• 353-13 Examination by Medical Officer.
  The medical officer of a correctional facility shall carefully examine any committed person upon admission and shall establish a medical record and enter therein...
• 353-13.1 Nonemergency Medical, Dental, Mental Health Services or Treatment; Intentional Injury; Payment by Inmates.
  (a) The department of public safety may develop policies and procedures governing the assessment of fees upon detainees and committed persons who receive certain...
• 353-13.2 Repealed.
  L 1998, c 194, §10.
• 353-13.3 Mental Health Care.
  The department shall be responsible for providing mental health services in community correctional centers. [L 1994, c 153, §2]
• 353-13.4 Substance Abuse Testing of Inmates.
  (a) When an inmate under the custody of the department of public safety is subjected to substance abuse testing, the inmate shall be afforded...
• 353-13.5 Election of Private Medical or Psychological Care by Prisoners.
  The director shall permit prisoners to retain any private licensed medical doctor or psychologist for their own care at the correctional facility in addition...
• 353-13.6 Involuntary Medical Treatment Criteria.
  An inmate or detainee in the custody of the department may be ordered to receive involuntary medical treatment, including the taking or application of...
• 353-13.7 Initiation of Proceeding for Involuntary Medical Treatment.
  (a) The director, or the director's designee, may file a petition for involuntary medical treatment alleging that a person in the custody of the...
• 353-13.8 Notice; Waiver of Notice; Hearing on Petition; Waiver of Hearing on Petition for Involuntary Hospitalization.
  (a) The court shall set a hearing on the petition, and notice of the hearing shall be served personally on the person who is...
• 353-13.9 Hearing on Petition.
  (a) The court may adjourn or continue a hearing for failure to timely notify a spouse, civil union partner, reciprocal beneficiary, guardian, relative, or other...
• 353-14 Cash Furnished Discharged Committed Person, When.
  Upon the discharge or parole of any committed person who has undergone a commitment or sentence of more than one year, the committed person...
• 353-15 Transfer of Committed Persons Affected With Communicable Disease.
  Upon written recommendation of the director of health that a committed person determined to have a communicable disease be removed to any hospital, settlement,...
• 353-16 Transfer of Committed Felon to Federal Institution.
  The director may effect the transfer of a committed felon to any federal correctional institution for imprisonment, subsistence, care, and proper employment of such...
• 353-16.2 Transfer of Inmates to Out-Of-state Institutions.
  (a) The director may effect the transfer of a committed felon to any correctional institution located in another state regardless of whether the state...
• 353-16.3 Development of Out-Of-state Hawaii Correctional Facilities.
  Notwithstanding any other provision to the contrary, the governor, with the assistance of the director, may negotiate with any appropriate out-of-state jurisdiction for the...
• 353-16.5 Transfer of Offenders Under Treaty; Authority of Governor.
  (a) If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to...
• 353-16.35 Development or Expansion of In-State Correctional Facilities.
  (a) Notwithstanding any other law to the contrary, the governor, with the assistance of the director, may negotiate with any person for the development...
• 353-16.36 Contracts for Construction of Correctional Facilities by Private Entities.
  The governor may enter into and execute contracts in the name of the State with any private entity to construct and then lease or...
• 353-16.37 Community Partnering.
  Regardless of the method for funding new prison facilities, the department of public safety shall develop and implement a community partnering process to be...
• 353-17 Committed Persons, Furlough, Employment.
  (a) The director or a designated agent may grant furloughs to committed persons with a minimum or lower security classification in any correctional facility...
• 353-18 Director to Fix Committed Persons' Compensation.
  The director, by rule, may classify, grade, and fix earnings to be paid to committed persons who may be confined in any correctional facility...
• 353-19 Compensation for Labor or Training by Committed Persons.
  Every committed person, who is working within a state correctional facility or who is in such training or educational programs as the director or a...
• 353-20 Custody of Moneys; Accounts for Committed Persons, Etc.
  All sums collected under this chapter and any other authorized sources shall be deposited by the department into one or more accounts with one...
• 353-21 Withdrawals; Forfeitures; Etc.
  The department shall allow any committed person under its direction to draw from funds in the committed person's account such amounts and for such...
• 353-22 Earnings Exempt From Garnishment, Etc.
  No moneys earned by a committed person and held by the department, to any amount whatsoever, shall be subject to garnishment, levy, or any...
• 353-22.5 Garnishment to Cover Nonbudgeted Costs.
  All moneys received by windfall or earned by a committed person shall be subject to garnishment, levy, or any like process of attachment by...
• 353-22.6 Victim Restitution.
  [Repeal and reenactment on July 1, 2018. L 2013, c 67, §2.] The director of public safety shall enforce victim restitution orders against all...
• 353-22.8 Orders for Payment of Child Support.
  The director of public safety shall comply with orders for payment of child support from inmate individual trust accounts to the child support enforcement...
• 353-23 Disposition of Property Subject to Action for Damages.
  No disposition of any estate, either by will or otherwise, after the arrest for crime of which the committed person was convicted, whether the...
• 353-24 Conservators of Committed Persons, Appointed When.
  Whenever a person is sentenced to imprisonment for any felony for a term exceeding one year, any judge having probate powers, upon application, may...
• 353-25 Powers and Duties of Conservator.
  Every conservator appointed for any committed person shall pay all the just debts due from the committed person out of the committed person's personal...
• 353-26 Removal of Conservator.
  The conservator may be removed, and another conservator appointed in the former conservator's place, whenever the judge thinks there is just cause for removal....
• 353-27 Compensation; Expenses.
  Every conservator shall be compensated for the conservator's services in an amount the judge before whom the ward's accounts are settled considers just and...
• 353-28 Property Given to Committed Persons.
  All property given or in any manner whatsoever accruing to a committed person, shall vest in the committed person's conservator, if the committed person...
• 353-28.5 Visits From Family Members.
  (a) Family members shall be allowed to visit an inmate at any state correctional facility during official visiting hours. (b) A visit from a family...
• 353-29 What Officials May Visit.
  The governor, lieutenant governor, attorney general, director of finance, director of health, comptroller, judges of all state courts, the ombudsman, the mayors of the...
• 353-30 Others by Permission.
  Only official visitors shall be allowed to visit any state correctional facility or to have any oral or written communication with a committed person,...
• 353-31 Revolving Funds for Correctional Facility Stores.
  Subject to the approval of the department of budget and finance, a special revolving fund for each correctional facility store may be established for...
• 353-32 Gifts.
  (a) Notwithstanding any other law to the contrary, the department may receive, use, manage, and invest moneys or property, real, personal, or mixed, which...
• 353-33 Repealed.
  L 2008, c 64, §1.
• 353-34 Probation Services Fee; Assessment.
  Any defendant received for supervision pursuant to chapter 353B shall be assessed a probation services fee pursuant to section 706-648. [L 2000, c 205,...
• 353-35 Incarcerated Parents; Data Collection.
  Beginning on July 1, 2016, the department shall collect the following data upon intake of offenders into the correctional system: (1) The number of...

PART II. PAROLES AND PARDONS

• 353-61 Hawaii Paroling Authority; Appointment; Tenure; Qualifications.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. §353-61 Hawaii paroling authority; appointment; tenure; qualifications. (a) Members of the...
• 353-62 Hawaii Paroling Authority; Responsibilities and Duties; Operations; Records, Reports, Staff.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. §353-62 Hawaii paroling authority; responsibilities and duties; operations; records, reports, staff....
• 353-63 Service of Hawaii Paroling Authority Members; Compensation; Expenses.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. §353-63 Service of Hawaii paroling authority members; compensation; expenses. The chairperson...
• 353-63.5 Intermediate Sanctions; Eligibility; Criteria and Conditions.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. [§353-63.5] Intermediate sanctions; eligibility; criteria and conditions. (a) The Hawaii paroling...
• 353-64 Committed Persons Paroled.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. §353-64 Committed persons paroled. Any committed person confined in any state...
• 353-65 Paroles; Rules.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. §353-65 Paroles; rules. The Hawaii paroling authority may establish rules, with...
• 353-65.5 Reports to County Clerk.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. [§353-65.5] Reports to county clerk. Whenever the paroling authority grants or...
• 353-66 Terms and Conditions of Parole; Suspension and Revocation.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. §353-66 Terms and conditions of parole; suspension and revocation. (a) Every...
• 353-66.5 Suspension or Revocation; Arrest Warrants Arising From Traffic Violations.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. [§353-66.5] Suspension or revocation; arrest warrants arising from traffic violations. In...
• 353-67 Education As Condition for Paroles.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. §353-67 Education as condition for paroles. The Hawaii paroling authority may...
• 353-68 Parole, How Initiated and Granted.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. §353-68 Parole, how initiated and granted. (a) Paroles may be granted...
• 353-69 Parole When.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. §353-69 Parole when. [Repeal and reenactment on July 1, 2018. L...
• 353-70 Final Discharge.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. §353-70 Final discharge. Whenever, in its opinion, any paroled prisoner has...
• 353-71 Parole Officer and Assistant Parole Officers.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. §353-71 Parole officer and assistant parole officers. The Hawaii paroling authority...
• 353-72 Pardons; Reference to Paroling Authority.
  Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6. §353-72 Pardons; reference to paroling authority. The director of public safety...

PART III. INTERSTATE PAROLE AND
PROBATION COMPACT--REPEALED

• 353-81 and 353-82 Repealed.
  L 2004, c 78, §3.

PART IV. COUNTY JAILS--REPEALED

• 353-91 to 353-96 Repealed.
  L 1973, c 179, §21.

PART V. FEDERAL AND MILITARY PRISONERS, CUSTODY OF

• 353-101 Authorization to Director of Public Safety or the Appropriate Officer and the Governor.
  The director of public safety, or the appropriate officer with the approval of the governor, is authorized for the State to enter into contracts...
• 353-102 Repealed.
  L 1973, c 179, §21.
• 353-103 Validity of Existing Contracts.
  All existing contracts with the federal government relating to imprisonment, subsistence, care, and proper employment of federal and military prisoners are hereby ratified by...

Part VI. pregnant offenders; restraints

• 353-121 Definitions.
  As used in this part: "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration...
• 353-122 Limitation on Use of Restraints.
  (a) While transporting, no restraints of any kind may be used on any committed female: (1) During the third trimester of her pregnancy; (2) During...
• 353-123 Enforcement.
  (a) The director shall provide information relating to the requirements of this part to all medical and nonmedical staff and correctional personnel who are involved...

PART VII. AUTOMATED VICTIM INFORMATION AND
NOTIFICATION SYSTEM

• 353-131 Definitions.
  For purposes of this part: "Offender" means a person in the custody of the department of public safety or the Hawaii paroling authority but does...
• 353-132 System; Requirements.
  (a) The department shall establish a statewide automated victim information and notification system to: (1) Automatically notify a registered victim or concerned member of...
• 353-133 Satisfaction of Victims' Rights to Notification.
  Participation in the system and making offender data available on a timely basis to the system shall be deemed to satisfy the obligations of:...
• 353-134 Compliance by Department; No Cause of Action.
  The department shall ensure that the offender information contained within the system is updated on a regular basis sufficient to timely notify a victim...
• 353-135 Law Enforcement Cooperation.
  The attorney general, and the chief of police and prosecuting attorney of each county, shall cooperate with the department in establishing and maintaining the...
• 353-136 Automated Victim Information and Notification System Special Fund; Authorization of Payment.
  (a) There is established a special fund to be known as the automated victim information and notification system special fund, to be administered by...
• 353-137 Automated Victim Information and Notification System Governance Committee.
  (a) There is established within the department of public safety, an automated victim information and notification system governance committee. The members of the governance...

Last modified: October 27, 2016